Dreaded 221(g)

[Wesekat 1]

I am very sure Katya is hiding nothing from me. I saw her police report - squeeky clean. She is very transparent. People like her are often misread that they are hiding something when they are just nervous. They know they can be seen right through. Like at an important interview.

I do not see any mention of privacy in the letter sent to her by the Moscow embassy. ??

I have often considered that the interviewing officer has his own opinion about who is worthy. I have crossed the border enough to know that most are doing their jobs very politely and professionally, but some are overly enjoying the power. They do have more power than any other person in the country. Protecting our borders from bad wives and husbands is not easy. We must give them the benefit of the doubt. As that is what they are good at - doubt.

It's very informative to read the speculation from experienced folks. Thanks!

[pushbrk 12,883]

Yes, but it said something about the alien being ineligible for a visa, then something about privacy.

Yes, the alien would be ineligible for a visa if the petitioner provided inaccurate information. What was inaccurate would be a private matter between the USCIS, DOS and whomever provided the inaccurate information.

[Al422 221]

Is there anything in YOUR past that might have caused this? Under IMBRA only certain convictions will sink your ship (usually sex offenses, domestic violence, or multiple DUI or drug convictions). Failure to disclose these convictions would sink your ship as well.

The focus could be on her as well, as a much broader range of offenses will sink her ship, even if there was not a criminal conviction (for example if they found drugs in her blood during the med exam).

Since they were waving the privacy flag and cited inaccurate information, that suggests quite strongly that one of you failed to disclose something, they investigated it during the AP, and they found it.

I suggest talking to her to see if there is something she knows that you should know. Then go see an immigration lawyer to see if this thing can be saved.

Edited January 30, 2011 by Al422

[Al422 221]

But I want to be sure there is no fraud marker permanently attached to Ekaterina. Banned for life?! Without a chance to prove our innocence? That's dark ages evil!!

Forgive me for being blunt, and I am not being sarcastic here either, but USCIS does operate in dark ages evil mode. They are more like the Star Chamber of medieval England than they are any forum in the democracy I was raised to love and respect. I have already been in touch with several Senators and House Members, including House Appropriations Committee Chair Hal Rogers, in an effort to bring their adjudicating process in line with 21st Century democratic norms, but I severely doubt any elected official will listen to one mere person, especially someone with a personal interest in reformation of this arcane and outdated system.

[Wesekat 1]

I have no criminal record either. Just one speeding ticket. I have had 3 FBI background checks in my past because I was hired 3 times as a teacher and that is policy. Passed all 3. There is a man that shares a similar name as me on one of the data bases (as I know from every time I cross the border.) I assumed that was why we were in AR for so long.

Katya does no drugs of any kind, not even aspirin. She's a world class gymnast, formerly on Team Russia.

Neither of us can figure out what is inaccurate except my income. I mistakenly listed my "income" as my Net Business Profit (not deducting my self employment tax.) Is that sufficient grounds for refusal and privacy???? Why take so long to decide that obvious calculation mistake? Because they can?

Why do people assume we are not who we say we are???? It's not like we're applying to be King and Queen. We just want to live together for God's sake! It's bloody ridiculous. But I am grateful to all the advice and speculation so I can see how the visa authorities think, plot, and scheme. Thanks!

PS: just kidding. we do want to be K$Q. Please vote for us.

[JimVaPhuong 4,863]

They wouldn't put you in AP for 7 months because of an accounting error on your I-134. The denial notice specifically said there was inaccurate information in the petition. You need to take a close look at the documents sent in the original petition package, starting with the I-129F. Something there apparently set them off, and they decided to investigate.

Did your attorney make a photocopy of everything in the package? Do you have a copy of it?

[Al422 221]

Name similarity only gets kicked if the person with the similar name has the same date of birth, one of the things USCIS actually improved. They say it cuts out almost all name similarity kicks, and they are probably right. Don't think that is it.

As the previous poster said, an accounting error would not cause 7 months of AP. That is especially true if your income is well beyond the $18,750 or so minimum you need to show.

There has to be something substantial that they found, either rightly or wrongly.

Have you run a credit check on yourself lately? Could you be the victim of identity theft?

BTW I hope you were not offended by me questioning your fiance's integrity. I was just trying to look in every possible place for the smoking gun they think they found and we are at a loss to see.

Is there something in her med exam that might have flagged this? Maybe she takes an herbal health product that caused a false positive for marijuana?

I know I am reaching here, but I just want to be thorough in trying to resolve this mystery.

[Wesekat 1]

No I was not offended. I am just in mad scramble mode. I appreciate everybody's questions and answers. I am relieved that computation errors are probably not the issue. I will do a credit check on myself. Bad credit people can't apply? my credit sucks due to a medical bankruptcy issue with my ex.

I should add that my ex is from Japan. Maybe they think I am a mail order bride addict? Out with the old, in with the new... I've gone from rice to potato soup.

I will check my documents, yes I have copies. Katya takes no supplements, and teased me about the "High Potency" antioxidant vitamin bottle I had with me. Said it explained why I could... But thinks such things are necessary. She is very natural.

Received a reply to my final query to Moscow (even after they asked that we not contact them again. pushing my luck.)

"The petition should reach them (NVC)in 4-5 weeks. Please note that this application will remain open while they consider the case."

Does this mean USCIS does not review the case, only NVC? And does it mean that the expiration of the petition in August will be ignored until a decision is made? I have heard from a member who had a very similar situation with Moscow and after waiting several months the USCIS killed the thing without telling them why.

And I have read that if we don't fight it, whatever it is, they can mark her file as a fraud for life and be banned from entering the Land of the Free (for those with money) for life. True? Possibly true? What's up with that?! How do you fight something that you don't know what it is?

I know... "get a top notch immigration attorney"... Just starting the busy season in work so maybe...

Oh Canada, ...

[Al422 221]

I am sure you have better things to do with your money than spend a few grand on an immigration attorney, but I don't see any other real choice here, unless you want to live in Russia. I've been there four times myself, and while it is a nice place to visit, well\, you know the rest of the slogan.

You have a substantial problem here, and us amateurs floundering around in the dark are not really in a position to stop it from getting worse. You need some professional skill on your side.

[JimVaPhuong 4,863]

No I was not offended. I am just in mad scramble mode. I appreciate everybody's questions and answers. I am relieved that computation errors are probably not the issue. I will do a credit check on myself. Bad credit people can't apply? my credit sucks due to a medical bankruptcy issue with my ex.

I should add that my ex is from Japan. Maybe they think I am a mail order bride addict? Out with the old, in with the new... I've gone from rice to potato soup.

I will check my documents, yes I have copies. Katya takes no supplements, and teased me about the "High Potency" antioxidant vitamin bottle I had with me. Said it explained why I could... But thinks such things are necessary. She is very natural.

Received a reply to my final query to Moscow (even after they asked that we not contact them again. pushing my luck.)

"The petition should reach them (NVC)in 4-5 weeks. Please note that this application will remain open while they consider the case."

Does this mean USCIS does not review the case, only NVC? And does it mean that the expiration of the petition in August will be ignored until a decision is made? I have heard from a member who had a very similar situation with Moscow and after waiting several months the USCIS killed the thing without telling them why.

And I have read that if we don't fight it, whatever it is, they can mark her file as a fraud for life and be banned from entering the Land of the Free (for those with money) for life. True? Possibly true? What's up with that?! How do you fight something that you don't know what it is?

I know... "get a top notch immigration attorney"... Just starting the busy season in work so maybe...

Oh Canada, ...

It goes to NVC first because that's the State Departments central routing point for petitions sent from and back to the US. No agency with the Department of State can readjudicate a petition approved by USCIS, including NVC. They will forward the petition to USCIS for a determination.

The California Service Center frequently allows returned petitions to expire rather than readjudicating them. In this event, you'd get a letter informing you that of that determination, and also letting you know that you were free to file again. However, not long ago, CSC began implementing a new tactic where they issue a Notice Of Intent to Deny (NOID) on a subsequently filed petition, citing the consular officer's findings on the first returned petition. There's a pinned thread about this here:

http://www.visajourney.com/forums/topic/245030-k1-noids-at-california-service-center/

What has happened in cases like this is that the CSC has decided they don't want to waste any time readjudicating the returned petition, but effectively decide to do so if you submit a second petition.

Whether you'll eventually find out why the consulate denied the visa and returned the petition depends on what USCIS does. If they let the petition expire then you have to file another. If they send a NOID on the second petition then the reasons will be included on the NOID notice. If they decide to readjudicate the returned petition then they'll either decide to agree with the consulate's decision, or they'll decide to disagree. If they disagree then they'll reaffirm the approval of the petition, and it will be sent back to the consulate (via NVC) for another interview. If they agree with the consulate then they'll send you a Notice Of Intent to Revoke (NOIR), and the reasons will be included on the NOIR notice.

If you get a NOID or NOIR then you need to respond to it. There may be a marker in the file indicating what the consulate is accusing either you or your fiancee of. If you fail to successfully rebut the NOID or NOIR then the marker becomes a finding of fact. The effects of this depend on what accusation the consulate made. It could just mean you need to submit another petition. It could require you to submit an I-601 waiver after your fiancee is denied at the next interview. It could even mean that she is inadmissible for life, or that you are prohibited from filing another petition. The consequences depend on the accusation, and you'll know what the accusation is when you get the NOID or NOIR.

There is little chance of the dire consequences described above if USCIS either reaffirms the petition approval, or allows it to expire without sending a NOID on a subsequent petition. This is a case where no news is good news. If the petition is reaffirmed or you're successful with a second petition, but you still want to know what happened to the first petition, then you'd need to file an FOIA request. Be patient - it can take a long time to get a response.

Here are a couple of very good articles that describe how the markers end up in the file, and how they end up becoming a finding of fact and require an I-601 waiver:

http://www.ilw.com/articles/2006,0323-ellis.shtm

http://www.ilw.com/articles/2010,0713-ellis.shtm

[amykathleen2005 441]

Just curious, how often does a readjucated petition get sent back to consulate again?

[Wesekat 1]

Thank you very much JimVaPhuong. I really appreciate that explanation. I guess we will wait and see where they decide to play us.

[TBoneTX 45,291]

Just curious, how often does a readjucated petition get sent back to consulate again?

As often as USCIS determines that the consulate's decision was poppycock. It happened to several 2008 Ecuador filers.

[pushbrk 12,883]

As often as USCIS determines that the consulate's decision was poppycock. It happened to several 2008 Ecuador filers.

Correct but almost never in the case of an I-129F through CSC.